It’s official: Berkeley hit with lawsuit over Coulter lecture

The University of California, Berkeley was just slapped with a lawsuit over its mishandling of Ann Coulter’s scheduled lecture on campus.

Young America’s Foundation (YAF) and the Berkeley College Republicans (BCR) filed a suit in federal court suing the school for violating their rights to free speech, due process, and equal protection on Monday. The suit, which is available on YAF’s website, names several Berkeley administrators along with University of California President Janet Napolitano as defendants.

“Though UC Berkeley promises its students an environment that promotes free debate and the free exchange of ideas,” the suit says, “it had breached this promise through the repressive actions of University administrators and campus police, who have systematically and intentionally suppressed constitutionally-protected expression by Plaintiffs … simply because that expression may anger or offend students, UC Berkeley administrators, and/or community members who do not share Plaintiffs’ viewpoints.”

Citing the school’s adherence to its vague “high-profile speakers” policy, the suit charges Berkeley with applying the policy in a way that discriminates against conservative speakers.

“By imposing an unconstitutionally vague policy concerning so-called ‘high-profile speakers,’ and selectively applying that impermissibly vague policy to burden or ban speaking engagements involving the expression of conservative viewpoints,” it reads, “Defendants have deprived YAF and BCR of their constitutional rights to free speech, due process, and equal protection.”

The suit notes Berkeley’s imposition of curfew and venue regulations resulted in the cancellation of two conservative lectures this month alone. It also cites the school’s decisions to reschedule Coulter’s lecture for a “dead week” and to allow liberal speakers to discuss immigration on campus without facing the same restrictions applied to the 12-time New York Times bestselling author.

“Defendants freely admit that they have permitted the demands of a faceless, rabid, off-campus mob to dictate what speech is permitted at the center of campus during prime time, and which speech may be marginalized, burdened, and regulated out of its very existence by this unlawful heckler’s veto,” the lawsuit says.

In a statement, Ron Robinson, president of YAF (my previous employer), invoked Berkeley’s role in the historical free speech movement, remarking, “It is unfortunate that the very school that is considered the ‘birthplace of the Free Speech Movement’ is now leading the charge to censor thoughts, ideas, and debate. The University of California, Berkeley’s selectively applied approach to ‘free speech’ is unacceptable.”

YAF, which is serving as the lead plaintiff in the suit, confirmed to the Washington Examiner on Monday that Coulter still plans to speak at the originally scheduled time later this week. The organization will livestream Coulter’s lecture on its website.

Emily Jashinsky is a commentary writer for the Washington Examiner.

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